Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying that branch of the third-party defendant's motion which was, in effect, for summary judgment declaring that it was not obligated to defend in the main action and substituting therefor a provision granting that branch of the motion, and (2) by deleting the provisions thereof granting those branches of the defendants and third-party plaintiffs' cross motion which were for summary judgment...
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